Transportation Law Commons^™

Governance Of Inland Water Transport Systems With Reference To The International Maritime Governance Framework : A Case Study Of Uganda, Julliet Zalwango

World Maritime University Dissertations

No abstract provided.

Uber And The Need For Particularized Regulation, Kayla Marie Heckman

University of Miami Business Law Review

With technology constantly evolving, the law must evolve with it. Uber Technologies, Inc. (“Uber”) has transformed the transportation industry by making transportation readily available with the touch of a button on one’s mobile phone. Uber is now one of the leading companies in transportation and operates worldwide. While this expansion has been great for consumers, it has come with significant drawbacks and challenges. Uber threatens the taxi industry, the cities in which it operates, and even its own drivers. This Note will discuss how Uber’s rapid growth is disrupting transportation in major cities quicker than its impact can properly be …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel, Michael B. Lowry, Timothy W. Koglin, Ronald W. Pimentel

Journal of Law and Mobility

The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact.

This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many states …

What A Difference A State Makes: California’S Authority To Regulate Motor Vehicle Emissions Under The Clean Air Act And The Future Of State Autonomy, Chiara Pappalardo

Michigan Journal of Environmental & Administrative Law

Air pollutants from motor vehicles constitute one of the leading sources of local and global air degradation with serious consequences for human health and the overall stability of Earth’s climate. Under the Clean Air Act (“CAA”), for over fifty years, the state of California has served as a national “laboratory” for the testing of technological solutions and regulatory approaches to improve air quality. On September 19, 2019, the Trump Administration revoked California’s authority to set more stringent pollution emission standards. The revocation of California’s authority frustrates ambitious initiatives undertaken in California and in other states to reduce local air pollution …

Transportation In A Changing Climate: Innovating To Create Resilient, Low-Carbon Systems, Vicki Arroyo, Annie Bennett

Georgetown Law Faculty Publications and Other Works

The climate is changing rapidly, bringing new temperature highs and weather extremes and affecting every individual, community, and sector of society—including transportation. Although, at times, climate change may feel like an insurmountable challenge, humanity is resilient and innovative. Transportation ultimately is about people: connecting people to places, to goods and services, and to each other. Because of its central role in the functioning of society, the transportation system—including its infrastructure, networks, and workforce—is an essential part of addressing and responding to climate change.

This article discusses challenges and opportunities for building resilient and low-carbon transportation solutions in the United States.

State Vehicle Electrification Mandates And Federal Preemption, Matthew N. Metz, Janelle London

Michigan Journal of Environmental & Administrative Law

By requiring that new vehicles sold after a certain date be electric, states can lower drivers’ vehicle operating costs, boost local employment, and lower electric rates. But there’s a widespread perception that states can’t take advantage of these opportunities because a state vehicle electrification mandate would be preempted by federal law.

Not so.

While the Federal Clean Air Act (CAA) prohibits state regulations “relating to” the control of emissions in motor vehicles, and the Federal Energy Policy and Conservation Act (EPCA) prohibits state regulations “related to” fuel economy standards, there is a strong rationale for federal courts to reject preemption …

Solving The First Mile/ Last Mile Problem: Electric Scooter And Dockless Bicycles Are Positioned To Provide Relief To Commuters Struggling With A Daily Commute, Kelly Grosshuesch

William & Mary Environmental Law and Policy Review

Commuters in cities across the United States struggle to find ease in their daily commute. Public transportation no longer provides residents with an adequate and reliable source of transportation.1 For many commuters, getting to and from nodes of public transportation is difficult and a deterrent from using public or shared transportation instead of driving.2 This, therefore, increases vehicle congestion and car emissions in cities. While multiple new technologies and innovations have emerged to attempt to help commuters with the trip to and from public transportation, most have fallen short.3 But two new innovations that have gained major popularity among consumers, …

Distracted Guardians Yield Deadly Results: When Memory Fails, Additional Regulations Can Protect Childen And Animals From Vehicular Heat-Stroke, Shannon Murphy

William & Mary Environmental Law and Policy Review

When the sun is shining bright on a scorching ninety-degree summer day, it takes less than an hour for tragedy to strike, even in the shade. Within less than sixty minutes, the temperature inside a closed vehicle will rise rapidly from the outdoor ninety-degree mark to upwards of more than one hundred and thirty degrees. As this temperature spike takes effect, any animal or child left in a vehicle will only have about fifteen minutes before being exposed to potentially deadly conditions.

While most of us think we are incapable of accidentally leaving our beloved child or companion in the …

Commercial Transportation, Madeline E. Mcneeley, Yvonne S. Godfrey, T. Peyton Bell, Elizabeth M. Brooks, Stephen G. Lowry

Mercer Law Review

Commercial transportation involves all of the significant forms of passenger and freight transportation across the United States. This Article surveys significant judicial, regulatory, and legislative developments in commercial-transportation law in the Eleventh Circuit during the period from January 1, 2019 through December 31, 2019. The first three areas discussed here are subject to heavy federal regulation due to their far-reaching effects on interstate commerce: trucking and other commercial motor vehicles, aviation, and railroads. This Article also touches on two additional issues: passenger transportation for hire (i.e., livery and rideshare services) and the development of autonomous-vehicle technology. While these issues are …

Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown

Washington International Law Journal

“Autonomous” workers include most gig-platform drivers, like those working globally for Uber and Lyft, who are usually classified as independent contractors and are ineligible for labor protections and benefits. The “new economy” and its business model, with its fissurization and increased use of contingent and outsourced workers hired as independent contractors, provide employers flexibility and lower costs by shifting labor costs to the workers. Many of these workers operate more as employees rather than genuine independent contractors or self-employed entrepreneurs, causing lost employee labor benefits and costing the government billions of lost tax dollars. Legal attempts continue to classify these …

What Is Remembered, Alice Ristroph

Michigan Law Review

Review of Sarah A. Seo's Policing the Open Road: How Cars Transformed American Freedom.

Who’S Afraid Of Uber?, Jeremy Kidd

Articles

Ride-sharing has disrupted the transportation-for-hire industry, breaking down barriers to entry that have protected entrenched incumbents for decades. The disruption has led to calls for increased regulation, along with criticisms about the effect of innovation on consumer safety, market stability, rule of law, and other areas. That disruption, however, has also led to tremendous benefits to consumers as they are freed from a regulatory regime that limited their transportation choices and forced them to pay higher prices for lower quality service. The same type of disruptive innovation is upon us in almost every area of our economy. How we deal …

The Future State Of Mobility, Jerome Quandt

Purdue Road School

Formed in 2018, the Illinois Autonomous Vehicles Association (ILAVA) is a privately funded non-for-profit organization focused on establishing thought leadership in the state of Illinois, by identifying and addressing the current and emerging opportunities related to the inevitable growth of CAV technologies throughout the transportation network. Through the deployment of scalable and sustainable business solutions, facilitating industry education and establishing thought leadership, ILAVA is creating an ecosystem that defines Illinois as #TheFutureStateofMobility.

For Once, A Defense Of Amtrak: Do Market Participants With Regulatory Authority Violate Due Process?, Blayne Justus Yudis

University of Miami Business Law Review

The National Basketball Association (“NBA”) regulates American professional basketball.. After acquiring the New Orleans Hornets in 2010, the NBA temporarily became both the league regulator and a franchise owner. As owner, the NBA vetoed a trade that would have sent the Hornets’s best player to another team. Was the NBA acting out of self-interest when it blocked the trade? In other words, was its trade block fair?

Federal Courts have recently dealt with this issue in Association of American Railroads v. U.S. Department of Transportation. Following a decade of litigation, the D.C. Circuit Court of Appeals decided that granting …

Innovation In A Legal Vacuum: The Uncertain Legal Landscape For Shared Micro-Mobility, David Pimentel

Articles

The last few years have seen an explosion in the number and size shared of micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact. This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many …

The Friendly Skies Are Not Always So Friendly, Rachel Reid

Upper Level Writing Requirement Research Papers

No abstract provided.

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

Maryland Law Review

No abstract provided.

If You Provide, Will They Ride? Motivators And Deterrents To Shared Micro-Mobility, David Pimentel

Articles

Bike share, e-bike share, and e-scooter systems (shared micro-mobility) are gaining popularity throughout the United States and internationally, but the optimal system design has not been determined. This study investigated motivators and deterrents to the use of such systems in the Pacific Northwest with secondary data, participant observations, depth interviews, and an on-line survey to users and non-users. The survey was administered in all cities in Washington, Oregon, and Idaho that have shared micro-mobility systems. The strongest motivators reported were exercise and enjoyment. The strongest deterrents were weather, danger from automobile traffic, and insufficient bike lanes and paths. The latter …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.